Madras High Court Says No Cow or Calf Slaughter in Tamil Nadu

Madras High Court order on prevention of cow slaughter ahead of Bakrid in Tamil Nadu
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Madras High Court directs strict enforcement of cattle preservation laws ahead of Bakrid in Tamil Nadu.

Citing Article 48 and the Tamil Nadu Animal Preservation Act, 1958, the high court said cow slaughter is not an obligatory overt act for a Muslim, and any animal slaughter can occur only in authorised slaughterhouses.

The Madras High Court on Wednesday (May 27, 2026) directed the Tamil Nadu government to ensure that no cow or calf is slaughtered in the State “on the eve of Bakrid or on any other day”, while stressing strict enforcement of existing cattle preservation laws and government orders.

A division bench of Justice G.R. Swaminathan and Justice V. Lakshminarayanan passed the order on a petition seeking action against the alleged slaughter of cows in public places ahead of Bakrid celebrations.

The bench directed the Chief Secretary and the Additional Director General of Police (Law and Order) to issue instructions across Tamil Nadu to ensure compliance with the order. Court further clarified that slaughtering of animals could take place only in authorised slaughterhouses established under law.

The petition had been filed by K. Surya Prasanth, State general secretary of Indu Makkal Katchi, who alleged that cows were being illegally slaughtered in public places in parts of Coimbatore. He claimed to have submitted a representation to authorities earlier this month seeking preventive action, but no effective steps were taken.

During the hearing, court took exception to a counter affidavit filed by local police authorities stating that temporary sheds had been identified for slaughter activities in non-public areas. The bench questioned how makeshift structures could be treated as legally recognised slaughter facilities and said the police had no authority to designate slaughtering locations.

Referring to the Tamil Nadu Urban Local Bodies Rules, 2023, court observed that slaughtering activities could only be carried out in officially designated slaughterhouses approved by competent local authorities.

The bench also relied upon Article 48 of the Constitution, which directs the State to take steps for preserving and improving cattle breeds and prohibiting the slaughter of cows, calves and other milch and draught cattle. The judges noted that cow protection had historically been regarded as an important constitutional and social issue.

Court referred to earlier Supreme Court rulings, including Mohammed Hanif Quareshi v. State of Bihar (1958) and State of West Bengal v. Ashutosh Lahiri (1994), to hold that slaughtering cows was not an essential religious practice associated with Bakrid. According to the bench, Islamic religious observance during Bakrid did not mandatorily require sacrifice of cows alone and other animals could also be sacrificed.

The judges further examined provisions of the Tamil Nadu Animal Preservation Act, 1958. Under Section 4 of the Act, a cow can be slaughtered only after obtaining a certificate from competent authorities certifying that the animal is over 10 years old and permanently unfit for breeding or agricultural work, or suffering from incurable disease or disability.

Court observed that since Article 48 encouraged prohibition on slaughter of cows and calves, the statutory exceptions permitting slaughter must be interpreted strictly. It also took note of a 1976 government order issued by the Tamil Nadu government prohibiting slaughter of cows and heifers in slaughterhouses in the interest of milk production and rural economy, and held that the executive order continued to have legal force.

Although the petition was primarily confined to Coimbatore district, the bench said the legal framework governing cattle slaughter applied uniformly throughout Tamil Nadu and therefore directions had to be issued for the entire State.

The order came a day before Bakrid celebrations. Tamil Nadu currently permits slaughter of certain categories of cattle subject to statutory conditions, unlike several States that impose a complete prohibition on cow slaughter.

Case title: K Surya alias K. Surya prasanth vs. Secretary to the Government & Ors.

Order Date: May 28, 2026

Bench: Justice G.R. Swaminathan and Justice V. Lakshminarayanan

Click here to download judgment

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